non-attendance
📖 What is non-attendance? Meaning and definition
In the context of UK employment law, particularly within Employment Tribunals, non-attendance occurs when a claimant or their representative does not attend a scheduled hearing, such as a preliminary hearing or a final hearing. This can have significant consequences for the party who fails to attend, as tribunals expect parties to be present or to provide valid reasons for their absence.
When a claimant does not attend a hearing and provides no reason for their non-attendance, the Tribunal may proceed to make a judgment. This often results in the dismissal of the claim, as seen in cases where claimants failed to attend preliminary or final hearings without explanation. The Tribunal may consider whether the claimant was aware of the hearing and if they provided any information to explain their absence.
Non-attendance can lead to a claim being dismissed under specific rules, such as Rule 47 of the Employment Tribunal Procedure Rules 2024. In other situations, if a claimant fails to confirm their intention to proceed with a claim and their availability for future hearings, their claim may be struck out under rules like Rule 38 of the Employment Tribunal Rules of Procedure 2013. This highlights the importance of engagement and communication with the Tribunal throughout the legal process.
The Tribunal's decision to dismiss or strike out a claim due to non-attendance is a serious outcome, underscoring the need for self-represented litigants to understand and adhere to hearing schedules and procedural requirements. Failure to do so can result in the loss of the opportunity to pursue their case.
📋 Requirements
- The claimant or their representative failed to attend a scheduled hearing (e.g., preliminary hearing, final hearing).
- The claimant did not provide any reason for their non-attendance.
- The claimant was aware that the hearing was taking place.
📝 Procedure
- A hearing is scheduled by the Employment Tribunal.
- The claimant fails to attend or be represented at the hearing.
- The Tribunal notes the non-attendance and the lack of explanation.
- The Tribunal may then dismiss the claim in accordance with relevant procedure rules.
💡 Examples
- A claimant's unfair dismissal claim was dismissed because they did not attend the preliminary hearing and offered no explanation for their absence, despite being aware of the hearing.
- All claims, including for wages and holiday pay, were dismissed when a claimant failed to appear at a final hearing for their employment tribunal case.
- A claim was struck out after the claimant failed to write to the Tribunal confirming their intention to proceed and their availability for a relisted case management hearing.
- An Employment Judge dismissed a claim after the claimant did not attend a preliminary hearing and provided no reason for their non-attendance, even though the respondent's representative was present.
📚 Legal basis
- Employment Tribunal Procedure Rules 2024
- Employment Tribunal Rules of Procedure 2013
❓ Frequently asked questions
What happens if I don't attend my Employment Tribunal hearing?
If you do not attend your Employment Tribunal hearing and do not provide a reason for your absence, your claim may be dismissed or struck out by the Tribunal, as seen in various cases.
Can my claim be dismissed if I miss a preliminary hearing?
Yes, if you fail to attend a preliminary hearing without providing any explanation, and the Tribunal confirms you were aware of the hearing, your claim can be dismissed, as per Rule 47 of the Employment Tribunal Procedure Rules 2024.
What if I have a good reason for not attending a hearing?
The case excerpts indicate that providing no reason for non-attendance can lead to dismissal. While not explicitly detailed in the excerpts, it is generally understood that if you have a valid reason, you should inform the Tribunal as soon as possible.
Are all my claims dismissed if I don't attend a final hearing?
Yes, if you do not attend a final hearing, all your claims, such as those for unfair dismissal, wages, or unpaid holiday pay, can be dismissed by the Tribunal under Rule 47 of the Employment Tribunal Procedure Rules 2024.
What is the difference between a claim being 'dismissed' and 'struck out'?
Based on the excerpts, 'dismissed' often occurs when a party fails to attend a hearing, while 'struck out' can happen if a party fails to take a required action, such as confirming their intention to proceed with the claim by a deadline.
What should I do if I cannot attend a scheduled hearing?
The cases highlight the importance of providing reasons for non-attendance. If you anticipate being unable to attend, you should communicate this to the Employment Tribunal promptly, explaining your circumstances. You may wish to seek advice from a qualified solicitor.